The Gambia 2019 Draft Constitution

CHAPTER I. THE REPUBLIC AND SOVEREIGNTY OF THE PEOPLE

1. The Republic

1. The Gambia is a Sovereign Republic.
2. The Republic is a multi-party democratic State founded on respect for the rule of law and the national values and principles of governance enshrined in this Constitution.

2. Sovereignty of the people

1. All sovereign power belongs to the people of The Gambia from whom all organs of government derive their authority and shall be exercised only in accordance with this Constitution.
2. The people of The Gambia may exercise their sovereign power either directly or through their democratically elected representatives.
3. Sovereign power under this Constitution is delegated by the people of The Gambia to the following State organs, which shall perform their functions in accordance with this Constitution-
   1. the National Assembly;
   2. the Executive; and
   3. the Judiciary.
4. The organs of government shall exercise their delegated powers and perform their functions in the name, and for the welfare and prosperity, of the people of The Gambia.
5. The Local Government Authorities are an important institution of the State and shall exercise their powers under the delegated authority of the people.

3. The territory of The Gambia

The Gambia consists of the territory of The Gambia and the territorial waters comprising The Gambia and any additional territory and territorial waters as defined by an Act of the National Assembly.

4. Devolution of government

1. The Gambia is divided into seven administrative areas as outlined in Schedule 1.
2. A State organ shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.
3. A Local Government Authority shall ensure reasonable access to its services in all areas it has jurisdiction over, so far as it is appropriate to do so having regard to the nature of the service.
4. The Government and the Local Government Authorities shall cooperate and work with each other to promote-
   1. the interests of all Gambians;
   2. the development of each administrative area or region;
   3. unity, cohesion and peace between and amongst all Gambians;
   4. the ethnic, cultural and language diversity of all Gambians as a source of national pride and unity; and
   5. the development and use of local languages, including sign language, Braille and other communication formats and technologies accessible to persons with disabilities.

5. National days

1. The National days are-
   1. Independence Day; and
   2. Republic day.
2. A national day shall be a public holiday.
3. The National Assembly may enact legislation prescribing other public holidays, and providing for observance of public holidays.